The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-07-21
EVIDENCE BEGUN.
IN TIE VAN BAKER MURDER TRIAL
Up ut New Cumberlau.l--The Statement Of
the Case to tho jury very Impressive.
Claims Of tho Defsuss ms Presented
M by Mr.. Donehoo-The First Witness,

The challenge Of Mr. Jester, as a jurol
for the trial Of Van B. Baker, at New
Cumberland, was overruled by Judge
Boyd, and the defense then struck OF
eight jurors, as the law allows, leaving as
the jury the following: "a
John Melvin, Jr., George Lambert, w.
A. Jester, Robert Wilson, Henry Barton,
Frank ?. spivey, Ralph Cowi, W. E. Mer.
Ger, Burgess A. Gssx, John W. johnson,
Samuel Bucher, NJ. H. Thayer. lf
The court room was crowded yesterday
almoet to suaocatlon, the fair sex OF the
town coming out In iull force. The inter.
est In the case Is not abating tho least. In
fact, the talk Of the town Ia nothing else
than the case. @
Promptly at 0 o'clock yesterday the
Jury filed into the court room, headed by
sheriff Lindsay, and took their seats,
Deputy Chapman brought the prisoner
into court. Mr.. Cook said the counsel
for the defense desired to make the usual
motion that they wanted any letters or
papers which were to, DO introduced as
evidence, to be produced Tor the inspec-
ton OF the defense, s'I5 n. w 80
The prosecution objected to this and
said they would produce them at the
proper time. 1i.E, .liIsl t.G,1i7g :" 2 -,
Judge Boyd said It was not the custom
In this State to require the prosecution TO
produce this kind Of evidence, and over
ruled the motion. - - Z FII1..s775S','a
THE CASE OPENED.
T. s. Brown, Esq, opened the case for
the prosecution. He said: ""Neyer before
IN the history Of this county has Jury
been impaneled for the trial OF q case Of
murder. The duty has been placed upon
you to try this case. II is a duty no good
citizen should shirk nor yet seek to at.
tain. The situation OF the prisoner, on
trial for his Life, will no oubtimpress Won
with the gravity OF the situation, but your
duty to the State 10 equally serious. 1t is
not tho relatives who are the prosecutors,
but the State. The union Of the people
OF the State we recognize as a govern
ment. No one man alone can pro-
tect himself against the assaulte OF
men, but associated together 4 they
can. There is no right go dear as the right
to live, to live free from the assaults Of fel.
low men. and yet it is an easy thing 10
take human life. The taking Of lie by
one man from another, must be guarded
against. In countries where no other la We
exist, men take 1t upon themselves TO
punish such offences by lynch law. Pro-
vision is made in country such as this
that provides law for the punishment Of
such q crime. You men OF this iury rem.
resent the orderly administration OF such
laws. II this crime shall 70 unpunished.
and If q man guilty Of such crime Ia not
punished, the result will be bloodshed by
lynch law" l'3lgls35 yn5ii755-T \ -
He said the State would show Bakers
motive to have been avasice, and that his |
stories we're not consistent, and concluded: |
we will show you sucn chain of cir
cumstantial evidence in this case as we
verify believe will convince you Van
Baker committed the crime" g5s6z
THE DEpENsE.
MIR. Donehoo then presented the case
Tor the defense, saying to the Jury: "You
have in your hands the life OF man. |
You are exercising a right that belongs to |
Omnipotence itself. Surely this is Zine
70 pause and reject. Think Of the terri
pie ehock, the brain crushing shock, If you
bring to him the verdict Of guilty. The
doomed remnant Of his life will be rem.
dered only more bitter. The stroke Of |
carpenters on acatiold will be to him a |
kneli Of death. Then will come the pallid
eountenances of friends bidding fare we'll, |
Then the procession, with the totterinp
man, once stalwart, will be led to the scat.
fold. The drop will fall, and the soul Of
the prisoner will be at the bar OF the God
who gave 1t. Not only this, but seven
now motherless children will be rendered
iatherless by you. Had that cruel axe and
bolt been struck into the three score and
ten father and mother, how unspeaksbly
better it would be than to suffer such
fearful heartrending scene as this, But
gentlemen, we have confidence in you, no
matter what your prejudices may be, We
trust you as fully as ever man trusted
man,. 81 ~ 500 NOE : D
Mr.. Donehoo cited case where man
was hung on the strongest kind Of circum
stantlal evidence, and afterwards found
not guilty. don't think think they will
chow any motive Of avarice on the part Of
Van Baker. He is tho only man upon
the face of the earth who is Interested in
not having the crime committed in the
way it was. II the old lady died FIRST, all |
her fortune went to Baker's wife. This ia |
double murder and it is in doubt which
died first, and can never be found out, 40
that the money cannot go to him, the Tor
tune must 20 to some one else. He pro-
ceeded to chow how it would have been |
physical imposslbllity for Baker to have
committed the murder between the time
Of the visit Of two men who wanted to
visit the stable and the time the ladies'
made their visit. Col. Donehoo said at
the time Mrs. .Swearengen and Mrs.
Brown visited the McWha house in The
afternoon Mr.. Baker and his vile we're in
the orchard, and it would be proven that
they were there. E nv
4. EVIDENCE COMMENCED.
In the afternoon the court room was
again crowded. The State called its irst
witness, William NJ. Leo. His testimony
was about the same as given before the
coroner's inquest as to his visiting the
honaa i'm adiatalv altar thaS alorp, l,,J